Administrative law, Constitutional review, Human rights and EEA
We also assist in other cases where the relationship to the Constitution, human rights, and EEA law must be examined, both when reviewing the validity of administrative decisions and when reviewing other official decisions or in relations between private parties.
Our lawyers have extensive experience in administrative law cases, ranging from traditional validity lawsuits to cases where the limits of the authorities' powers under the Constitution, the ECHR or EEA law come to the fore.
The lawyers also have extensive experience in constitutional interpretation and human rights methodology in general, and regularly assist in cases concerning violations of Article 105 of the Constitution and the protection of private property rights in Article 1 of Protocol 1 to the ECHR, as well as in cases concerning the limits of freedom of expression under Article 10 of the Constitution and Article 10 of the ECHR.
We also assist in cases concerning violations of EEA legal rights and obligations.
Emanuel Feinberg was one of two attorneys representing Greenpeace and Nature and Youth in the so-called Climate Lawsuit concerning the validity of allocation decisions for extraction licenses for oil and gas production in the Barents Sea (HR-2020-2472-P). The case was based on Article 112 of the Norwegian Constitution, Articles 2 and 8 of the European Convention on Human Rights, the administrative law requirements for proper case handling, and the EEA legal requirements for assessing climate impacts. The case has been appealed to the European Court of Human Rights (ECHR).
Anders Ryssdal has extensive experience in litigating constitutional and human rights issues before the courts. He has conducted several landmark cases in these areas, including:
- The Corrugated Cardboard Case (Rt. 1994 p. 610) on the position of the ECHR in Norwegian law prior to the Human Rights Act
- The Double Punishment II case (Rt. 2002 p. 497) concerning additional tax and
- Upper Ullern Terrace (Rt. 2007 p. 1281) and HR-2019-1206-A on the relationship between the Ground Lease Act and Articles 97 and 105 of the Constitution and ECHR TP1-1.
Jon Wessel-Aas has considerable experience in litigating cases that have raised questions regarding the relationship between the Constitution, the European Convention on Human Rights, and EEA law. Among other things, he has litigated several cases before the Supreme Court that have clarified this issue:
- The Constitution's prohibition of prior censorship and the Supreme Court's extended jurisdiction in cases concerning violations of the ECHR (Rt-2007-404)
- Freedom of expression versus copyright (Rt-2010-366 and HR-2022-1113-A)
- Freedom of the press versus privacy (Rt-2015-746)
- Requests for access to criminal case documents under the ECHR (Rt-2015-1467)
- The relationship between database protection and freedom of expression (HR-2019-1725-A)
- Freedom of expression versus hate speech about gender identity (HR-2022-1843-A) and
- The relationship between freedom of expression and the prohibition in the Courts Act on broadcasting audio recordings from criminal cases (HR-2022-2106-A).
Contact
Anders Ryssdal
Partner | Lawyer (H)
Emanuel Feinberg
Managing Partner | Lawyer (H)
